R v Zhang [2020] NSWSC 478

Supreme Court New South Wales

Medium Neutral Citation: R v Zhang [2020] NSWSC 478 Hearing dates: 23 April 2020 Date of orders: 01 May 2020 Decision date: 01 May 2020 Jurisdiction: Common Law Before: N Adams J Decision: The release application is refused. Catchwords: BAIL — serious tax offences — fraud — flight risk — applicant extradited from New Zealand — risk factors — self-represented applicant — need for liberty in order to read Crown brief — Crown brief 220 volumes — access to laptops in custody — committal hearing Legislation Cited: Bail Act 2013 (NSW), s 16A, s 16B, 17, 18(1), s 19, s 49, s 74(3)(a) Criminal Code Act 1995 (Cth), Sch, s 135.4(3) Criminal Procedure Act 1986 (NSW), s 55(a), s 55(c), s 91 Category: Principal judgment Parties: Li Zhang (Applicant) Crown (Respondent) Representation: Counsel: Li Zhang (Self represented) K Ginges (Crown)

Solicitors: Solicitor for the Commonwealth Director of Public Prosecutions (Crown) File Number(s): 2020/84322

Judgment 1. Li Zhang makes a release application under s 49 of the Bail Act 2013 (NSW). He is charged with two offences contrary to section 135.4(3) of the Schedule to the Criminal Code Act 1995 (Cth). It is alleged that he conspired with other persons with the intention of dishonestly causing a loss to the Australian Taxation Office ("ATO") between about 1 June 2004 and about 30 April 2008 and again between about 1 January 2004 and about 30 June 2006. 2. Mr Zhang is an Australian citizen. As at 2008, he was a successful property developer. He had been married twice. In 2008, he had a 21 year old daughter from his first marriage and a 12 year old son and a 10 year old daughter from his second marriage. In November 2008, he became aware that he was being investigated by the ATO for tax fraud involving around $19 million. Search warrants were executed on his properties on 15 April 2009. 3. On 24 April 2009, Mr Zhang flew to China. On his immigration form when he departed Australia, he described the reason for his visit to be a two week holiday. He did not return to Australia. He was eventually extradited from New Zealand over ten years later on 12 September 2019. He has remained in custody, bail refused, since that time. 4. Upon his extradition to Australia, Mr Zhang briefly engaged a private solicitor but declined to engage his legal services for his trial. He was also granted legal aid and provided with a solicitor and a barrister but declined to accept their assistance as well. Mr Zhang has chosen to represent himself on the basis, as he told the court, that he knows all the facts, that the lawyers do not know the facts and it would take them too long to understand them so only he can appear in this matter.